On March 7, the ABC-led Coalition for a Democratic Workplace filed an amicus brief in Stericycle, a case in which the National Labor Relations Board is considering changing the way it reviews employer handbook rules to determine if they violate workers’ rights to collectively bargain. On Jan. 6, the board invited parties and amici to submit briefs. ABC along with several other organizations joined the brief.
In the brief, CDW and ABC called on the NLRB to “reaffirm its existing standard established in the Boeing case, which held that when determining if a facially neutral policy, rule or handbook provision would potentially interfere with workers’ collective bargaining rights, the board must consider the nature and extent of the potential impact on National Labor Relations Act rights as well as the legitimate justifications for the rule.”
The brief participants also “called on the board to place the burden of proving any alleged violation of the act on the board’s general counsel and reaffirm that certain categories of employer rules are generally lawful to maintain.”
ABC members can read CDW’s statement on myprivateballot.com.
The other participants who joined the amicus brief include the Council on Labor Law Equality, National Association of Manufacturers, National Association of Wholesaler-Distributors and National Retail Federation.